Do we have to go to the attorney who wrote the will for probate?

You certainly can hire the same attorney who wrote the will, but you're not obligated to, even if they hold the original will. You can request the document, and they'll give it to you free of charge. If you prefer, we'll request the will for you. Easy peasy. We make everything as easy as possible. 

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What is probate in Pennsylvania?

Probate is the legal process of validating the will, appointing an executor, and administering an estate after someone dies. In Pennsylvania, it's handled by the Register of Wills in the county where the person who died lived. I'm licensed to probate estates in all Pennsylvania counties so we've got you covered. 

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How do you charge for probate?

For probate matters, we charge a small percentage of the assets based on the complexity of the estate. We always use a written engagement agreement, which outlines the fees, and I'll review those with you. If we accept additional projects, we'll talk about the fees before we get started. While I'd love to say $$ is the legal fee right here on the website, I need to know more about the estate and family before I can give an accurate response.

When will we get the money?

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As soon as possible, but not as fast as you'd like. There are many steps to take before assets can be distributed. If there are significantly more assets than fiscal responsibilities, we may be able to make partial distributions before probate is complete. If we distribute too much too soon, the executor is personally responsible for those funds, and no one wants that.​​

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My mom had a trust, can you still help?

Yes! For decades, I considered myself a trust attorney. A fully funded revocable trust avoids probate, and we'll do a trust administration. If there are probate assets, we're happy to help with the probate as well.

Does "Call Wendy" mean you'll pick up the phone?

My team will likely pick up the phone and schedule a call with me as soon as possible. If I happen to be available, I'll hop on the phone right then. 

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What happens if there's no will?

​No worries! If there's no will or you can't find the will, we can still open a probate estate. We'll petition the court for you to appoint an administrator (like an executor). 

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Do I have to come to your office?

Nope. You can handle most everything from your couch or your office chair. You don't need to come into the office. We're happy to hop on the phone or Zoom. 

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What documents do I need to provide to you?

The more documentation, the better! To start, the will (if any), the death certificate, a list of assets and debts, recent financial statements, and contact information for beneficiaries are helpful. We'll give you a checklist to help you stay organized and reduce stress.

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When should I call your office?

It's ideal to open probate within a few weeks of the death of your loved one. I'm happy to help you as soon as you want help. If you want to meet with me while your loved one is ill, but still alive so they know all is in place, that's okay too. From personal experience with the death of my dad, it took me two weeks after his death to even see straight. 

I'm my mom's power of attorney. Can I use that?

An interesting thing about legal documents is that they have periods of time when they're effective. The authority of a power of attorney ends with the death of your loved one. Often, the same person who was named in the POA is named as executor in the will, but we do need to get you authorized by the court to act on your loved one's behalf.

I think I know my sister's bills, but what if I'm missing some?

One of the first things we'll ask you to do is have the mail forwarded to you. You'll see what bills come in. And, as required by law, we'll publish a notice to creditors in a legal publication and a local paper. 

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What about my dad's vacation condo?

We're happy to take care of that for you. If the condo is titled in your dad's name and in a different state, we'll work with a colleague in that state to conduct an ancillary probate for just that asset. If it's owned jointly with someone else or owned by a trust, we'll handle that as well.

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Does the executor pay the bills out of her money?

Egads no! That would be terrible. All fees and bills are paid out of the estate's funds. One of the reasons to work with a probate lawyer like me is for the executor to avoid the fallout of being personally liable for mistakes made by avoiding mistakes.

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Can I do probate myself to save money?

Yes, you can open a probate. In practicality, it'd be tough and the only potential savings is legal fees: petitioning the court, filing status reports, filing inheritance tax returns, knowing what to do when, and doing it right...You're personally financially responsible if you mess it up. Don't do it. It will cost you more when we have to fix things.

Can a beneficiary be an executor?

You bet. This is completely normal. Most wills name a trusted beneficiary to serve as executor - often a spouse or adult child. The executor has a fiduciary duty, which means they must act in the best interests of the estate and keep great records. We guide the executor so they have the support they need.

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Do you serve as executor and the probate lawyer?

No, I only serve as the probate or trust administration attorney. I'm happy to refer you to professionals who offer executor services. Sometimes, this is a trust company, CPA, or attorney. I'm happy to serve as the attorney for the executor or trustee. ​​

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Will my dad's estate pay federal estate taxes?

Perhaps. There are very few Pittsburgh families who would be required to pay federal estate taxes because the unified credit (read "coupon") amount is so high now, about $14mm. Currently, good estate planning can pass $28mm for a married couple and $14mm for an individual without federal estate tax.

What are Pennsylvania Inheritance Taxes?

Unlike the Federal Estate Tax, most Pennsylvanians will pay an inheritance tax; the rates are based on the relationship of the beneficiary to the loved one who has died. The tax rates are 0% for a spouse, minor child, charities; 4.5% for children & grandchildren; 12% for siblings; 15% for all others.

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Will I have to go to court for a Pittsburgh Probate?

Nope! We handle interactions with the court for you. We file and prepare all court filings and communications. We use family settlement agreements for the final tally and distribution of estate assets. 

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What's a pour-over-will?

A pour-over will has only one purpose and one beneficiary, the trust - typically a revocable living trust. It's used to catch any assets that haven't been funded into the trust. Probate is required if the pour-over will is necessary.

Is the executor required to notify beneficiaries?

Yes! We'll draft the required notice document. It's also helpful for the executor to share what's happening during the probate process from time to time. 

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Do we have to go to the attorney who wrote the will?

You certainly can hire the same attorney who wrote the will, but you're not obligated to, even if they hold the original will.

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Can I decline to serve as executor?

Yes, you can, and that's okay.  We will help you renounce serving and help the alternative executor be appointed by the court to serve.

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What if the will names co-executors?

I'd have to review the will to see how it's worded to provide specific advice. Generally, the executors would be required to work together. Clear communication will be key. 

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Can the house be sold during probate?

Yes! The executor can sell real estate as long as the sale benefits the estate and aligns with the will or court approval. We assist in coordinating legal steps, valuations, and sales.

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Can a beneficiary buy the house from the estate?

Yes! We'd need to ensure the purchase of the home (or other asset) makes sense for the overall estate and is in alignment with the will or court approval, but in general, we can make this happen.

What if my mom died without a will?

Super common; we still go through the probate process. Instead of taking direction from the will, we use the relevant statutes to appoint an administrator (same job as an executor) and distribute assets.

Can you probate a handwritten will in PA?

Yes, if the person who wrote it signed it, and two witnesses can attest to its authenticity. Legal formality is always better to ensure wishes are carried out. 

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What if my mom writes her own will to save money?

If your mom is alive and well, please encourage her to pay for expert legal advice and drafting. Any money she saves up front by avoiding a lawyer, will likely cost you double or more on the back end because of mistakes. We're wrapping up a case like that now and it's been heartbreaking.

Does the state get my dad's estate?

The fear of estates "escheating" to the state is right up there with the fear of quicksand, dying from eating Pop Rocks., and other GenX fears. If your dad has any heirs (e.g. you), his property will not pass to the state.

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Does the estate pay the funeral expenses?

Yes! The estate pays all expenses of the estate. If you need to pay a few expenses upfront because the estate account isn't open yet and you don't have signature authority on the checking account, the estate will pay you back. Keep all receipts for accounting and tax purposes. 

Who pays the debts of the estate?

The executor uses estate funds to pay all valid debts. Be careful to confirm the legitimacy of all bills you receive. Keep receipts and a list of all debts paid.

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Do retirement accounts go through probate?

You certainly can hire the same attorney who wrote the will, but you're not obligated to, even if they hold the original will.

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Can minors inherit?

Yes, but not directly. Hopefully, there are trust provisions in the will for minors, but if not, we'll work with the court to make sure the minors' inheritances are protected.

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Can accounts be accessed before probate is opened?

If an account has a TOD (transfer on death) or POD (pay on death) status - or - you owned an account jointly with the person who died, it's available before the probate estate is opened. Otherwise, we need court authorization via executor appointment.

How is life insurance handled?

If life insurance has named beneficiaries, the payout goes directly to (adult) beneficiaries. If there's no beneficiary named or the estate is named as the beneficiary, then the insurance proceeds become a probate asset.

What if there are more debts than assets?

In the case of an insolvent estate, there are statutory classes of debts. We'll help you prioritize debt payment. There may be some debts that remain unpaid. 

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Do we still need to open probate if my mom's will has a trust?

Yes, probate is required before testamentary trusts can spring to life, so to speak.

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Does a trust avoid probate?

If a revocable living trust is fully funded, which means there are no assets in the individual's name or payable to the estate, probate can be avoided. In that case, we administer the trust.

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Can the nursing home get my mom's estate?

We're required to file a notice with the Department of Human Services to determine if they have a claim against the estate. We'll take a close look at any plan in place to ensure the family keeps the maximum amount under law.

What about family heirlooms?

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We'll look to the will (or trust) to determine whether any provisions have been made. If not, we help the executor use a fair system to distribute personal property, including heirlooms.​

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How can I get a copy of the will?

Most wills are with the important papers, in fire safes, shared with family members, or with the drafting attorney. If probate has already been opened, you can check with the courthouse to determine whether a will was filed.

Why would the Attorney General be involved?

The Pennsylvania Attorney General has an interest in probates that include gifts to charity. They represent the charity and make sure they receive their bequest (i.e. gift).

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What if my aunt made large gifts?

Gifts are important to note for estate plan fulfillment, the inheritance tax, and potential claims by DHS (department of human services). Some gifts will be far enough in the past that they won't matter; others may.

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What if I live out of state?

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No problem! We work with executors and families who are outside of Pittsburgh seamlessly.

What about my mom's business?

Businesses, such as LLCs or sole proprietorships, are typically probate assets. Valuation, continuity, and management are considered. We work with financial professionals closely.

How do I choose the right probate attorney?

Choose an attorney who is experienced, knows how to run a firm, is compassionate, and has a team of rockstars so that life is easier for you.